Can one do Tafwid Talaq due to a Mental Health Condition?

Fatwa ID: 03757

Answered by: Maulana Maqtaur Rahman

 

Question

I am a medically certified OCD patient, both by psychologists and psychiatrist, and am prescribed tab paroxetine. I have this problem that the word divorce keeps coming into my mind and I sometimes feel that I may have uttered it. I have been a regular visitor to Jamia Ashrafia where Mufti Sahib has said that even if I utter a word of divorce, my divorce will not be valid because of my medical condition. I have also read a fatwa of Mufti Ibrahim Desai that because of a mental condition if one utters a statement of divorce, it will not constitute talaq. But I am confused and I become so anxious most of the time that I try to keep my tongue under my teeth to stop me from speaking the words. Please help me. I went to Jamia Ashrafia to ask them is there any condition whereby I can withdraw the right of divorce from myself.

 

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:

The law of Islamic Jurisprudence has permitted and allowed the husband to pass on and hand over the right of divorce to his wife.

For the handing over of the right of divorce to be valid, the following points must be met:

  1. The wife must accept the right of divorce in the same session where she was made aware of this right being handed over to her.
  2. The wife only has the right to use as many divorces as she was given. So, if she was given the right of one divorce, then she cannot apply two or three.
  3. After giving the right to divorce, the husband cannot withdraw it nor cancel it.

                                                                                [Al-Bahrur Raiq, v.3 p.311]

 

Therefore, in your health situation, you may hand over the right of divorce to your wife. This may help and support to reduce your stress and anxiety.

 

 

Only Allah knows best

Written by Maulana Muqtaur Rahman

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

Comments are closed.